Dec. 18, 2010

Speaking Friday in Alexandria, Garret Graves (center), chairman of the Coastal Protection and Restoration Authority of Louisiana, says FEMA’s decisions on the floodplain maps show “the biggest void of common sense I have seen in some time.” With him are Alexandria Mayor Jacques Roy (left) and Pineville Mayor Clarence Fields.

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To see Alexandria Mayor Jacques Roy's news release about the levees issue, go to www.thetowntalk.com, and click on this story for a link.

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The cities of Alexandria and Pineville filed suit Friday with the goal of keeping the Federal Emergency Management Agency from enacting new floodplain maps in the area.

Attorneys for the cities filed for a temporary restraining order to prevent the issuance of the preliminary maps, which FEMA has stated could come as soon as January. A judge will decide whether to grant a temporary injunction and, possibly, a permanent injunction.

"It's something we felt like was just necessary," said Pineville Mayor Clarence Fields.

"This was not a hasty decision," said Alexandria Mayor Jacques Roy. "This is a situation where we have worked at the table of diplomacy for the better part of two years. We have done everything we can do."

The lawsuit stems from local governmental bodies being caught in an untenable situation between federal entities in regards to levees on the Red River. Officials on Friday laid out their complaints of what Roy said amounts to a "federal money grab," including:

FEMA demands local bodies produce certification data on area levees.

The U.S. Army Corps of Engineers, which is responsible for the levees, claims it does not have the money to fund work required for certification.

FEMA sets a timetable to prove certification that is impossible to reach.

Because the levees do not meet certification, FEMA enacts new flood maps for the area, forcing large numbers of people to purchase federal flood insurance and doing significant economic harm to the community.

"This is the biggest void of common sense I have seen in some time," said Garret Graves, chair of the Coastal Protection and Restoration Authority of Louisiana, who was at the press conference Friday to express state support for the lawsuit.

"The standards have changed for the levee. It is a federal obligation to maintain that levee. Since they don't have the money to fix the levee, they are imposing on these folks to do it."

The driving force behind the lawsuit is FEMA's unwillingness to adjust its timetable.

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Several local bodies agreed months ago to earmark more than $16 million in disaster recovery funds to fund work to have the levees certified. Despite that plan being in place, local officials say, FEMA has shown no inclination to even consider delaying the new maps.

Flood insurance would not have to be purchased until the new maps actually went into effect in 2012, but the immediate concern is the economic harm that would be done to the area if preliminary maps are issued.

It comes down to an unfunded mandate, officials say -- take on a federal obligation, and do it by a deadline that can't be reached.

"No matter what we do with our timeline, no matter that we have a bona fide plan to resolve this, our citizens are going to be saddled with enormous costs in what can only be called a federal money grab," Roy said.

"It has been made very clear by FEMA, 'no matter what you do, we don't stop,'" Fields said. "There is not enough time to get that accomplished. We believe it's unfair."

Graves said the suit will serve as a test case for the federal policy in the state, which he said could bring about a negative impact in the billions of dollars. He wondered how the federal government could spend so much money to stimulate the economy, then enact a policy that cripples local economies.

"It's absurd," he said. "This policy must be reformed."

Alexandria and Pineville are currently the only local parties to the lawsuit. The Rapides Parish Police Jury recently voted to not take part in any lawsuit involving the Corps of Engineers.

Roy said he understands and supports the Police Jury's position, since the Police Jury is the agency charged with working with the Corps of Engineers to administer the disaster relief funds.

"(The Police Jury) will continue in that vein while we work in this vein," Roy said.

Roy also said local officials are "absolutely open" to beginning a new dialogue with FEMA regarding the timeline of the maps.

"FEMA can halt this process at any time," said Jimmy Faircloth, one of the attorneys on the case.